Attorney seeking second deposition

The attorney for Ryan T. Dorr claims part of the delay in litigating a lawsuit against the city of Watertown has been the lack of cooperation received from Michael VanWaldick, the former city police officer who shot Mr. Dorr three times.

Steven W. Williams, Syracuse, said an associate attempted to depose VanWaldick about five months ago at Clinton Correctional Facility, Dannemora, where he is serving a 15-year prison sentence for attempted murder, kidnapping and grand larceny convictions.

"We deposed Michael VanWaldick and he refused to answer a good number of our questions," Mr. Williams said. "A lot of the questions had to do with the night in question — the important questions."

Mr. Williams said he plans to file a motion in state Supreme Court asking that a judge order VanWaldick to sit for a second deposition and answer all questions.

"I think we have a strong case even without Michael VanWaldick's cooperation, but it's good to be overly prepared, rather than not prepared enough," he said.

Mr. Williams said a perception that little has happened in the case for nearly two years would be inaccurate and he fully intends to file the trial note of issue within the allotted time. He said while little has occurred in the public eye, all needed depositions have been taken of from police officers and other witnesses in the case.

"We've been engaged in discovery for however long the case has been pending," he said.

Mr. Williams said he anticipates that a judge will order that VanWaldick be redeposed.

Once that happens, Mr. Williams said, about all that would be left to do is for a judge to schedule a trial, which could take place as soon as this summer.

VanWaldick pleaded guilty in Jefferson County Court in August 2005 to charges that he climbed a ladder to enter Mr. Dorr's second-floor LeRay Street apartment and shoot him Dec. 8, 2004, while the officer was off-duty.

He then kidnapped his former girlfriend, Jessica S. Quinta, from the Dorr residence and took her to a town of Adams residence. He also stole a vehicle on the day of the shooting.

In January 2005, Mr. Dorr filed a lawsuit against the city, claiming in part that it was negligent in its training and supervision of VanWaldick. The state Commission of Investigation reviewed several incidents involving VanWaldick's activities before the shooting and issued a report in July 2006 that was highly critical of the police department's handling of VanWaldick's conduct in the months leading up to the shooting.

The suit appeared to languish for about 18 months, prompting Judge Hugh A. Gilbert to issue an order Friday demanding that Mr. Williams serve and file a trial note of issue within 90 days, essentially telling the judge how soon the matter would be ready for trial.

The judge wrote in his order that a failure to provide the note of issue could result in a motion by the defendants seeking dismissal of the action.